Abstract

The Google Shopping case has provided significant lessons that reach beyond antitrust enforcement. ‘Enabling and discovery tools’ create a layer that serves as a gateway to the Internet ecosystem. Therefore, on the one hand, they play a key role in ensuring the openness of the Internet ecosystem, and on the other hand, they exercise a primary influence on consumer experiences and their cognitive processes, which in turn determine online consumer transactions. Enabling and discovery tools, such as adopting design methods based on applied behavioural sciences (for example: user experience design (UX) and user interface design (UI)), create global challenges at the crossroads of antitrust, consumer law and platform regulation. At the same time, in light of the complexity of the platform economy, some market phenomena might be particularly difficult to identify and address, while fast and efficient adaptation is an essential factor for market players. This brings advocacy – the promotion of a competitive environment – into the focus also at the national level, particularly where a dual enforcement regime makes a multifocal approach possible.

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